Minimum Exercise Price. Notwithstanding anything to the contrary set forth herein, no adjustment provided for in this Section 8.1 shall reduce the Exercise Price below the par or stated value of the Common Stock and the Company shall have no obligation to change such value to permit a further reduction of the Exercise Price; provided, however, that, except in the event of any transactions of the type contemplated under Section 8.1.4 hereof, the Company agrees not to change the par or stated value of the Common Stock.
Minimum Exercise Price. Notwithstanding anything to the contrary contained in this Agreement, if the Exercise Price, as adjusted pursuant to this Agreement (other than this Section 5.01(m)), shall be less than the par value of the related Share, then such Exercise Price, as so adjusted, for all purposes of this Agreement, shall be an amount equal to the par value of such related Shares.
Minimum Exercise Price. If the Exercise Price, as may be adjusted in accordance with this Section 3, is no longer equal or superior to the par value of the shares of Common Stock, the Exercise Price will be adjusted to the par value of such share of Common Stock and any remaining reduction of the Exercise Price resulting from any adjustment will be carried forward and only be applied if and to the extent the par value of the shares of Common Stock will be reduced.
Minimum Exercise Price. Notwithstanding anything to the contrary contained in this Agreement, if the Exercise Price, as adjusted pursuant to this Agreement, shall be less than the par value of the related Share, then the Company shall use its best efforts to cause an amendment to its Certificate of Incorporation so as to reduce the par value of the Common Stock.
Minimum Exercise Price. Notwithstanding the provisions of Section 2(a), the Exercise Price shall in all events be not less than $37.65.
Minimum Exercise Price. Notwithstanding anything to the contrary contained in this Agreement, if the Exercise Price, as adjusted pursuant to this Agreement (other than this Section 12(i)), shall be less than the aggregate par values of the related Warrant Shares, then such Exercise Price, as so adjusted, for all purposes of this Agreement, shall be an amount equal to the aggregate par value of such related Warrant Shares. (j) When Issuance or Payment May Be Deferred. In any case in which this Section 12 shall require that an adjustment in the Exercise Rate or Exercise Price be made effective as of a record date for a specified event, the Company may elect to defer until the occurrence of such event (i) issuing to the Holder of any Warrant exercised after such record date the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise over and above the Warrant Shares and other capital stock of the Company, if any, issuable upon such exercise on the basis of the Exercise Rate prior to such adjustment, and (ii) paying to such Holder any amount in cash in lieu of a fractional share pursuant to Section 13; provided, however, that the Company shall deliver to the Warrant Agent and shall cause the Warrant Agent, on behalf of and at the expense of the Company, to deliver to such Holder a due xxxx or other appropriate instrument evidencing such Holder's right to receive such additional Warrant Shares, other capital stock and cash upon the occurrence of the event requiring such adjustment.
Minimum Exercise Price. In no event shall the exercise price per Warrant Share be less than the par value of a Warrant Share.
Minimum Exercise Price. Until such time as the Company receives any necessary stockholder approval, no adjustment pursuant to this Section 9(a) shall cause the Exercise Price to be less than $2.46, as adjusted for any stock dividend, stock split, stock combination, reclassification or similar transaction." Except as specifically modified by this letter, all other terms and conditions of the Warrant shall remain in full force and effect. This letter may be executed in counterparts. Very truly yours, 8X8, INC. By: ___________________________ Name: Title: ACKNOWLEDGED AND AGREED ON SEPTEMBER 30, 2004 RIVERVIEW GROUP, LLC By: ___________________________ Name:
Minimum Exercise Price. In no event shall the exercise price per share of Common Stock be less than the par value of a share of Common Stock.
Minimum Exercise Price. Subject to Section 2.2(b) of the Plan, the exercise price per share of an Option shall not be less than 100% of the Fair Market Value per Share on the date the Option is granted. In the case of any Incentive Stock Option granted to a 10% Stockholder, subject to Section 2.2(b) of the Plan, the exercise price per share of such Incentive Stock Option shall not be less than 110% of the Fair Market Value per Share on the date the Option is granted.
